As the below diagram shows, the EB-5 program includes three steps:
- First Step:
Initially, the documents are prepared to be sent to the United States Citizenship and Immigration Services (USCIS) along with form I-526. Different documents should be collected depending on whether the investor decides to proceed through the EB-5 regional center or direct investment. The applicant’s application will be sent to the USCIS after the initial procedures.
- Second Step:
If the investor does not reside in the United States at the time he/she receives USCIS approval, he/she should send the documents along with form DS-260 to the U.S. Consulate. The investor may receive a U.S. visa after attending at the Consulate for interview. A conditional green card will be issued following the investor’s entry into the United States. If the EB-5 investor already has lawful status in the U.S., then his/her documents and form I-485 will be submitted to the USCIS to adjust status and consequently, a conditional green card will be issued. (this has not been shown in the diagram).
- Third Step:
Between 21-24 months of the investor’s entry into the United States, his/her documents and form I-829 are sent to the USCIS to acquire unconditional permanent resident status.
EB-5 Program Investment Process